How Duty Of Care Laws Can Influence Active Shooter Planning For Businesses

Innovation How Duty Of Care Laws Can Influence Active Shooter Planning For Businesses Mike Lahiff Forbes Councils Member Forbes Technology Council COUNCIL POST Expertise from Forbes Councils members, operated under license. Opinions expressed are those of the author. | Membership (fee-based) Oct 12, 2022, 06:30am EDT | Share to Facebook Share to Twitter Share to Linkedin Mike Lahiff, Co-founder and CEO of ZeroEyes with a decade in the US Navy, including six years as a Navy SEAL.

getty Duty of care laws are designed to prevent people from causing harm or endangering one another when in public places. Through the business lens, this covers the expectation that employers will take steps necessary to protect both employees and customers from potential dangers—from everyday precautions like wet floor signs to more involved preparations like response plans for natural disasters and active shooter incidents. All publicly accessible locations in the U.

S. , from office buildings to public spaces, are bound by these laws. According to legal experts, failure to meet the requirements can lead to negligence lawsuits , potentially resulting in damages payouts to impacted customers and employees.

The elevated threat of mass shootings and increased legal action around them has led to a renewed interest among businesses and those responsible for public spaces to address potential liabilities and risks around mass shootings ahead of time. Ignoring Your Duty Of Care After the 2017 Las Vegas mass shooting, MGM was ultimately found negligent for allowing the gunman to bring such a large number of weapons and ammunition into its hotel. An $800 million settlement, paid primarily by insurance , was awarded to the families of the 58 killed, as well as the hundreds injured during the chaos.

Damages payouts like these are meant to address crisis management initiatives like medical costs, mental health counseling for survivors, workers’ compensation payouts for employees and fines from state or local governments. MORE FOR YOU They Inherited Billions Upon Billions: Meet America’s Richest Heirs Atlanta Braves Taking No Chances, Solidifying Pieces With Millions To Bubbling Dynasty Now Tech Billionaire Larry Ellison’s Record Political Giving Funds Election Deniers In Midterms For most business leaders, avoiding a costly negligence lawsuit might be the main reason for addressing their organization’s risk. Beyond the financial fallout, however, an incident of negligence can also have a lasting impact on the organization’s reputation and brand.

The long-term emotional and psychological impact of a shooting on those who witnessed it and their communities can make it difficult for a business to fully recover. Understanding Your Risk While businesses are inclined to address their risk for a negligence lawsuit, the ethical responsibility to protect employees and patrons from dangers must not be overlooked. Addressing negligence risks can seem like a daunting process, but it is vital for security personnel in order to save lives in the event of an active shooter incident.

Businesses should consult with an attorney to fully understand and determine next steps in relation to duty of care laws, but some general security-planning best practices include: • Document your plans. Creating and documenting all emergency plans and procedures beforehand can protect organizations against risks. • Look to experts.

Organizations should work with security consultants to assess and address their specific risks and establish action plans for emergency scenarios. • Practical training exercises. Businesses should coordinate annual training events with local law enforcement to prepare employees and first responders for the unthinkable and ensure employees are aware of the proper protocols.

• Be discerning with tech vendors. Choose accredited vendors to prevent the risk of liability and lawsuits. For example, choosing technology that is Department of Homeland Security “ Safety Act designated ” could offer businesses more legal protections should they be involved in a mass shooting.

• Monitor your system. Companies must ensure that all security systems, including cameras, smart door locks and communication networks are working properly, as any lapse in protection can create severe risk. Communicating Procedure Once an organization assesses its unique risks, the next step is to make sure employees are aware of what they should do in the event of a mass shooting or other threat.

For larger facilities, like office buildings or malls, managers can play an important role in educating their teams on proper protocols to stay safe in an emergency. At a smaller venue, like an individual retail store, clear signage should inform shoppers and other patrons of emergency protocols and exit routes. Mass shootings are often viewed as isolated events carried out by disturbed individuals, and this makes it nearly impossible to predict when and where the next incident might occur.

Unfortunately, corporate offices and public places are increasingly at risk for acts of violence. In this era, security leaders have a responsibility to comply with duty of care laws, prioritizing the safety of everyone inside their business. The information provided here is not legal advice and does not purport to be a substitute for advice of counsel on any specific matter.

For legal advice, you should consult with an attorney concerning your specific situation. Forbes Technology Council is an invitation-only community for world-class CIOs, CTOs and technology executives. Do I qualify? Check out my website .

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